- 1 - NC: 2025:KHC:6309 WP No. 10741 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10741 OF 2023 (GM-CPC) BETWEEN: 1. SMT Y R SARASWATHAMMA W/O LATE RAMACHANDRA RAO Y K SINCE DEAD BY LRS SRI. KRISHNASWAMY Y.R S/O Y.K RAMACHANDRA RAO AGED ABOUT 64 YEARS R/AT HOUSE NO. 620,19TH CROSS POST COLONY, VISVESVARA NAGAR MYSURU CITY-570008. 2. SMT. SAROJA BAI W/O LATE ANANDA M.S D/O LATE RAMACHANDRA RAO Y.K AGED ABOUT 70 YEARS FLAT NO. 108, PARAS GLOBAL KUTEER PATTANAGERE MAIN ROAD, R.R. NAGAR BENGALURU – 560098. 3. Y.R SUDHAKAR S/O Y.K RAMACHANDRA RAO AGED ABOUT 62 YEARS R/AT HOUSE NO. 620 19TH CROSS, POST COLONY VISVESVARA NAGARA MYSURU CITY - 570008. …PETITIONERS (BY SRI. LETHIF B.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6309 WP No. 10741 of 2023 AND: 1. NANJUNDAIAH S/O LATE MARAIAH AGED ABOUT 65 YEARS R/AT HOUSE NO.257/A 15TH WARD, MANTESWAMY NILAYA PWD B BLOCK, AJ COLONY CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT-571313. 2. EASHWARA M.S S/O LATE MARAIAH AGED ABOUT 68 YEARS R/AT HOUSE NO.257/A 15TH WARD, MANTESWAMY NILAYA PWD B BLOCK, AJ COLONY CHAMRAJNAGAR TOWN CHAMARAJANAGAR DISTRICT-571313. 3. SMT. SAVITHRAMMA W/O LATE JAYARAJ AGED ABOUT 55 YEARS R/AT AJ COLONY CHAMARAJANAGARA TOWN CHAMARAJANAGARA DISTRICT-571313. …RESPONDENTS (NOTICE TO R1 & R2 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS, QUASH THE ORDER DATED:18.01.2022 IN O.S.NO.118/2019 ON I.A.NO.XI FILED UNDER ORDER XXVI RULE IX OF CPC ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGARA WHICH IS PRODUCED AT ANNEXURE-A, CONSEQUENTLY ALLOW THE APPLICATION FILED UNDER ORDER 26 RULE 9 - 3 - NC: 2025:KHC:6309 WP No. 10741 of 2023 R/W 151 OF CPC WHICH IS PRODUCED AT ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioners have called into question the order dated 18.01.2022 passed on IA No.XI filed under Order XXVI Rule 9 of CPC in O.S.No.118/2019 by the Senior Civil Judge and JMFC, Chamarajanagar whereby petitioner’s application was rejected holding that since the trial is not completed, the application for appointment of the court commissioner cannot be considered and the same can be considered only after the trial is completed. 2. The learned counsel for the petitioners submits that now, the trial is completed and they have filed a fresh application (IA No.XVII) under Order XXVI Rule 9 of CPC. - 4 - NC: 2025:KHC:6309 WP No. 10741 of 2023 3. In view of the above, the prayer sought for in this petition does not survive for consideration. Accordingly, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 50